jpts33
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Everything posted by jpts33
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M8, please be careful of what information you are giving them. They are not interested in what you have to say. Of course the more you say they will hope you will hang yourself. Please somebody correct me if I'm wrong but to be an infringer you either have to download/upload (Uploading in this case) yourself or authorize somebody else to do so. It seems you have not done this and it also seems they have acknowledged the fact it may not have been you. To me they seem to want you to give them somebody else's details as the infringer, or slip up yourself. There is no legislation that makes you responsible. Please I urge you to read more of this forum and also on Slyck. Both forums are full of information, even recently seemingly showing where they get their Harvesting techniques from (the software they use). NOBODY has yet been taken to Court and it looks like nobody ever will be, especially if they have to reveal this software they use:-|. You obviously do what you feel you have to do but personally (and its only my opinion) I would fire off a proper LoD from the templates available and leave it at that, don't hang yourself with these idiots. Good luck and hope it works out for you and all of us in the end.......
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Personally I think there will be only one eventual way to stop this atrocity, nobody, and I mean NOBODY pay. Don't pay 1 penny to these damn solicitors (well only 1 atm, ACS:LAW) as TBI have apparently thrown in the towel. If people keep paying these 'people:mad:', and I use that term very lightly, they will keep sending out more and more letters of demand. If everybody refuses to pay they will have to either take somebody to court:roll: or be forced to give up. If it ever goes to court:roll: (Which all the proof strongly suggests that they would avoid this action like the plague) it is quite possible that this scheme would be killed in its tracks. Either way, it is only us (Everybody who has been accused) who can stop this scheme in its tracks. You're not alone, don't pay them - we can win this battle... I would not ignore the letters though - send your Letter of Denial (LoD), maybe even reply to their response of you using a template letter, then forget about them. Good luck people.
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Back on P99 a letter has been shown from TBI Solicitors. On that letter it clearly shows that BT "Do not intend to contest it" - the court order to disclose our details that is. TalkTalk showed ACS that they would fight against these court orders and were dropped from any proceedings immediately. Which in my opinion shows how weak a case these solicitors actually have, but IMO shows how much companies like BT don't give a stuff about their customers and this is probably the reason that there is such a high percentage of BT customers getting chased by ACS and TBI. So when my contract ends with BT in a couple of months I too will be dumping them for another company, whether I 'd be better off or not is not really the issue in my eyes, but it will loose BT another long term faithful customer.
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This questionnaire is unbelievable. These people (and I use that term very lightly) are playing with people's lives. God only knows what some of these nasty, unprovable claims are doing to people and their relationships with their partner/wife/husband. Personally that damn questionnaire would go straight into the bin (or keep for your own records), but it's clear to me they are doing their utmost to get you to hang yourself. As far as I'm concerned I have denied it twice, and made sure in the second LOD that no further correspondence will be entered into - unless it's through the Court system. As far as being ill or depressed is concerned they DO NOT CARE! All they see is dollar signs$$$$$$$. Whilst I don't like to talk about it to strangers (Public forum) I myself suffer greatly with depression. I take higher than normal dose of antidepressants (issued via the hospital). I have not so long ago (Before all this from ACS started in my case) had a specialist team of psychiatric Dr's & nurses visiting me every day of the week because I became so ill. All this is making me very ill once again. Rightly or wrongly, I don't really know, I told ACS this in my letter, not as an excuse, but trying to tell them I did not do it and they should (as far as I'm concerned) look at people's circumstances before they continue to harass and chase people for unfounded, scabby evidence they say is infallible. The last letter I sent was six months ago (I had 21 days to reply or Court it would be). I've heard nothing since, but it still hangs over your head, is this going to carry on? Are they going to stop harassing now? Are they going to drop the case as they have done in some circumstances? Who the hell knows? All I know is if I'm still around and they take me to Court I will do my best to defend myself, and I would urge everybody else to stand firm against these people - hard though it is .
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From ACS:LAW website:- "We are pleased with the results on the initial batches of issued claims, as we have found that 80% of all defendants opt for settlements outside of court, for amounts more than originally claimed." Does this mean that people who have unfortunately paid ACS have not only paid them but given a little extra dosh for ACS' inconvenience?!!! It must be the ".org" web address that people were moved to pay more?!!
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An interesting article here about ISP's lying on their backs and handing our information over without hesitation. I still believe that it's time to hit ISP's where it hurts - their pockets. Neutralize UK File-Sharing Legal Threats – Join TalkTalk | TorrentFreak On a lighter(ish) note: linked from slyck.com:- I sent my second LOD months ago and have heard nothing since. Though this does nothing for me but makes me worry every-time the postman comes. This is what ACS want though, people to panic and worry; which is pretty sick tbh. It's a good job my wife has a sense of humour or I would be in court right now - the divorce court. Not for being accused of illegally downloading but for being accused of downloading gay porn LMFAO! On a more serious note though I wonder how many marriages Mr Crossley has put under great strain from poor husbands accused of downloading gay porn. Maybe he should be taken to court for family breakdowns over this dirty, rotten ugly scheme he has going.
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Thank you very much for the swift reply, much appreciated.
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Hi. Hopefully this is the right place to post.... I recently received some correspondence from a company that wants me to contact them to verify that I am the person they say I am living there. (I am the person). This is related to debts on my old property from over 12 years ago. Since then I have had no contact whatsoever with any of my old creditors from my previous address. I believe that any debts remaining from that time would become statute barred, am I correct? If so, I have also had some information that if a particular debt had gone to Court and was successful in obtaining a County Court Judgement that particular debt would "Never" become statute barred. Is this correct? I do not know whether any of those old debts has a County Court Judgement, is there any way I can find out without asking this company who is after me? Some advice is very much needed PLZ!!!! Thank you.
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Sounds reasonable. It almost seems like nobody has any proper defence, but I guess if it comes down to it ACS would be in the same predicament, they don't really have solid 100% evidence which is why I guess nobody has gone to court yet. Damn frustrating and as far as I can see it's the authorities that are pretty much the only people who can stop this, and so far they don't give a monkeys.
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I think I see what you are saying, but IF the judge knows little of what ACS are doing, or what they are doing it for I think ISPs have then failed to sufficiently fight ACS in court. They certainly (ISPs) have the cash and power to easily rip ACS' case apart in the courtroom. They didn't, nor does it seem they are interested in doing so. Surely ISPs, who should know what ACS & Co are doing, and who are the first point of contact with the court should be proving to the judge whats wrong here and making him understand if he doesn't? ISPs, I believe, are missing a good opportunity here to prove they actually care about their customers by fighting a good fight in court. At the very least I think they should publicise what is happening here, but I have so far failed to find any correspondence from my own ISP (BT) on this matter, which suggests to me they are not interested in the big picture here. It's clear to me that ACS are putting up a good case in court, well prepared. Come on ISPs, wake up.....
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I wonder how many of these 30000 new claims will be 'new people'. I wouldn't be surprised if many of them will be a further claim to people who have maybe already paid up or have given no response to the first claim.....?????Maybe we should prepare ourselves for a second or more claim. As far as the ISP's are concerned I think a mass switch should happen to kick these people in the teeth, as it seems they put up no fight for their customers in Court, nor do they have the decency to write to ALL their customers who's details have been handed over. The ISP's have the money and lawyers to fight these ridiculous claims, they should be our first target I say - switch to a different ISP as soon as possible, that's my answer to BT.
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It seems to me like they are now trying a different more "Heavy Handed" approach with this new letter. They obviously feel that the old tactics they have been using are starting to draw in less money, so lets try a new tactic - and from the letter you received it is painfully obvious they are trying to literally scare you out of your wits. I'm sure that there will be many more people getting these same letters any-day now, probably including myself. I understand how you feel, because this latest letter surely is an attempt to frighten people, enough to pay up even. I feel they are trying to fish for your defence, see how technical you are because I wouldn't be at all surprised if they are carefully selecting people to take to Court on the basis of how much they actually know on the technical side. That way they could select people, who if they are like me, have no idea what they are talking about and win an easy victory. No offence, you may be a technical whizkid, but I would think that there are a vast majority who know very little about all the sometimes very technical issues involved here. It's a technical minefield that personally I wouldn't be able to defend against. I just hope the first person they take to court, if at all, will be able to wipe the floor with these bullies and finish this farce in it's tracks. Personally I wouldn't tell them a thing. If you feel you need to answer then maybe a simple referral to any previous denials you have made would suffice. And maybe a small note saying you do not really appreciate being put on trial, as they are attempting to do, without being in a proper court, with proper rules and regulations. The more information you give these people the easier it will be for them to mount a case. Although it's all very distressing, and I'm distressed just reading your posts, chin-up - your not on your own here as thousands are currently on the same boat - together we need to knock these people once and for all.
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NDR nationwide debt recovery charges help?
jpts33 replied to donkey123's topic in General Debt Issues
Hi. Not sure if this is the right place to post but here goes....... I have had dealings with Nationwide Debt recovery (Littlewoods in-house debt collector) for some time now. We had an agreement which has been reviewed several times over a period of time, I have always paid what we agreed to and they have not added charges - until now. Recently they wrote and asked me to review my account with them, which as usual I wrote to them straight away, enclosing a financial statement. They wrote back to me a couple of days after their first letter stating I had not replied and added £12.00 admin charge to my account. I immediately wrote back to them stating I had contacted them, and once again showed my financial statement and made an offer of payment. Again they wrote to me, with a £12.00 admin charge, saying I had again ignored their attempts to contact me. Again I wrote to them, 3rd time, and once again enclosed a financial statement and offer of payment. Today I received another letter from them stating that, "We have applied a £12.00 administration fee on your account due to the substantial amount of effort they have made in trying to contact me". Cheeky swines. All my letters were sent with proof of posting. Maybe 1 letter didn't reach them but 3??? Anyway I am fed up of banging my head against the wall with these wallies and if anybody can offer any help on the way to proceed I would be very grateful. Also can I add a £12.00 charge against them for "The substantial work and effort" that I am doing to contact them? Thanks. -
I feel exactly the same way. Some comments on here (very recently) just seem a little too far to ACS:LAW's side if you know what I mean......
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LOL. I'll let you know when I receive my third template letter from them.
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I agree. The only thing I was thinking about was that there have been previous cases where the defendant has lost because of not bothering to defend their case. What I'm thinking is that after the first two letters of denial any more letters should just be kept very simple, stating they should read one's first and second reply and that one will be prepared to defend in Court if necessary. Just send the letter by standard 2nd class post with a free proof of posting certificate. At least this will inform ACS you haven't forgotten about them and you will defend. That way I believe they will be less likely to ever consider taking the harder cases to Court. My guess is they may take people to Court that don't seem to be too bothered and win by default. Just my opinion.
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If it was me, and it probably will soon be me, I would just write back to them telling them to read your first and second letters. Also tell them they are not going to win this case by default - you will defend yourself in Court.
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I wouldn't tell them anything at the moment. We need to remember that they are basing their case on their belief that it is the Internet account holder/Bill-payer that is responsible for securing their Internet or making sure that your Internet connection is not abused. I believe their view is flawed big time. I would say it is pretty much impossible to police your Internet connection/usage 100% of the time. Who of us actually watches every little thing our family, friends do online using our connections? Not to say how relatively easy it can be for your connection to be 'stolen' by a third party. I know other Courts in other lands have decided that the Internet Bill payer/Account holder could not be held responsible thus this is the reason why ACS have not so far taken anybody to court. If they loose, their entire network of claims would collapse. They would rather rely on people's fear to pay up rather than go to Court. After all, if most people were like me when they received their letters from ACS they would have either paid straight away or tried to make some sort of offer to them, which is what they want. Luckily after a short time I came to my senses, relaxed a little and paid nothing. I won't pay anything until a Judge in Court says so, I would advise everybody else to do the same thing too. For now though I would keep the fact that your connection may have been used to comitt the alleged uploading of the file to yourself - don't give ACS ammo. You know nothing of the file or the alleged upload of the file, but thats not what ACS are interested in - they just want you to confirm your connection was used. Stuff em I say. As Mr. Ton says on here, if you got no money, IF they win in Court (BIG IF they go to Court at all) then all you will pay is a token payment. Hold your nerve and reply to them telling them basically your not guilty and they won't get any money from you. It may be a good idea to tell them that IF they take you to Court they will NOT win by default - you will challenge them in Court. All the best.
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You know recently in my local paper there was an unrelated court case that took the prosecution side 2 years to start proceedings against the defendant. At the Court hearing the judge actually slammed the prosecution for the length of time they had kept the defendant waiting for this legal action to be taken. The judge stated it was wrong that the defendant had to endure such extra stress as this waiting period had caused him, he mentioned Human Rights. When I look at what ACS has said I did over a year ago now, one has to wonder if any Judge is going to be happy they are stringing people along for so long, causing huge stress upon people. I told them this in my 2nd letter of denial to them and stated that they should take me to Court sooner rather than later to get this over with one way or another, because of the stress. I also stated that as I was pretty much penniless that even if by some miracle they won, where would I get the money to pay them? I also made a point of telling them they would not win by default, I will defend to the best of my ability if I end up in Court. Anyway either I'll receive Court papers soon or yet another template letter from them....:-|
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Nice one Mr. Ton, lol, I think your probably more accurate than ACS:LAW.
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They talk about template letters like that's an excuse that we are guilty as hell already. I also take note that so far none of their letters actually go as far as making it clear that "You have no obligation to pay them". So far the letters I have received have been nothing short of a "DEMAND". You MUST pay and you MUST pay now. Well stuff them. When a Judge tells me to pay, I will then pay (But only about £2.00 per month because of my financial circumstances lol). Of course these nasty bullies don't point out that they use thousands of templates to worry people sick. I say we should make up a twenty page template letter, send them at least twice a week. After a few thousand of these they will have no time to take anybody to court because they will be reading twenty pages of garbage like the massive letters they first threatened us with. I for one have really lost my patience with these ****. My reply to them won't be another template it will be my very own original, pointing out to them in no uncertain terms how I feel about this and that any more letters from them will be used as toilet paper, bit rough but I'll get over it. I'll also be informing them to prove that it was me, sitting at my PC downloading the filthy crap they say I did....Grrr I'm at boiling point......
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True. They have used the exact same template letters thousands of times, as did their predecessors, in fact they are the same letters as their predecessors used, remind me how that went again, oh I know, their predecessors packed all this nonsense up and passed it to these bunch of robbing cowboys, cya in Court ACS.
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Received my reply from ACS:LAW after sending them a LOD. Here is their reply:- We refer to previous correspondence regarding infringement of our clients copyright. We note the response you have given matches a template response that is available on the Internet. With this in mind we are disinclined to accept at face value what you have said, as it is simply one of a number of identical replies we have received. Accordingly, unless we receive your written undertaking and payment within the next fourteen days of receipt of this letter or you are able to provide a satisfactory explanation as to why you are not liable for the acts alleged against you, we shall seek our client's instructions to commence proceedings against you. In the meantime, we expressly reserve all our client's rights. Yours Faithfully ACS:LAW END OF THEIR RESPONSE Well to be honest when I first received my original letter demanding over £500 it made me physically ill, coupled with the fact I suffer greatly with medical depression. Now, after a few weeks have passed and they have replied with the above quoted letter I honestly feel that I don't give a monkeys for these people. They will get one last reply from me, this time my own words which are not going to be pleasant or nice. I will tell them to stop threatening me, take the damn thing to Court ASAP. I know I didn't download the crap they say I did, I can't say for definite whether somebody else in my household or friends used my connection, so I will base any defence I may have to give in Court on the basis of who is responsible for the legal use of my connection. I know for a fact than a Roman Court has already thrown similar cases out of Court because they say you can't hold somebody responsible just because they pay the Internet bill. A friend of mine borrowed my car a couple of days ago, am I responsible if he were to drive like a lunatic and kill somebody??? I don't think so. ACS:LAW, go and get stuffed, take your legal crap with you and I for one will see you in Court anytime.... Oh and after living expenses I have about £2.36 a month left over so good luck ACS with suing me for thousands because I will be about 200 years old before the fine is paid.
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Hi all. Great posts btw. Still struggling to get over this, sent my LOD, waiting for their 2nd letter. Having a major set back with my mental health (clinical depression). Really getting me down, but.... Not having ever been in Court or in trouble before with the law I wonder if anybody can help with this query I have. Let's just presume (Big presumption hopefully!) they take me to Court, win the case and I get a hefty fine or whatever you call it. How do fines like this work with regards to one's personal financial situation? E.g, I haven't got two pennies to rub together, I'm currently out of work due to mainly mental illness problems. I have no savings. Let's say they fine me £5000. With very little income how would the Court get the payments? Take all my possessions? Jail me for non-payment? Would the Court have to take my financial circumstances into account and say for example pay £5.00 per month? A lot of questions I know, but ones I feel need some expert advice on as I'm not up on these things. Thanks to everyone again and hopefully we can take these nasty pieces of work down (Within the law of course! lol)
